Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55452 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- NOKHA District- Rohtas ====================================================== Chandrawati Devi, aged about 54 years, (Female) Wife of Awadh Bihari Ram Resident of Village - Jabra, P.S.- Nokha, District - Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rajani Kant Singh, Adv.
For the State :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Nokha P S Case No. 275 of 2021 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. The informant has alleged that his daughter was being subjected to demand for dowry and was being tortured on this pretext. She has been killed by three accused persons, including the petitioner. The petitioner is mother-in-law of the victim. Learned counsel for the petitioner submits that the victim's father-in-law, and sister-in-law have been allowed
Patna High Court CR. MISC. No.55452 of 2022(2) dt.16-12-2022 2/3 Anticipatory bail in Cr. Misc. No. 25080 of 2022. Since the petitioner has, in the meantime, been arrested, her prayer for anticipatory bail could not be considered on merits. Being mother-in-law, she has been made an accused on general and omnibus allegations, founded on suspicion only. She is in custody since 01-06-2022. Petitioner's husband is already in jail. Petitioner also has no antecedent.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the fact that the petitioner is mother-in-law and the nature of allegation as also the fact that the other co-accused have been allowed anticipatory bail, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sasaram, District- Rohtas, in connection with Nokha P S Case No. 275 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy
Patna High Court CR. MISC. No.55452 of 2022(2) dt.16-12-2022 3/3 as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled. (Madhuresh Prasad, J) shyambihari/- U T